Old Time Ministries and Another v South African Evangelistic Mission (1618/2006) [2012] ZAECGHC 104 (29 November 2012)

Old Time Ministries and Another v South African Evangelistic Mission (1618/2006) [2012] ZAECGHC 104 (29 November 2012)

The court found that the applicants failed to establish any basis for rescission of the judgment granted on 8 June 2006. There was no evidence that the judgment was erroneously sought or granted, nor that the applicants were unaware of the proceedings. The applicants' claim to ownership was unsupported by the documentary evidence, which showed that the properties were purchased by the respondent, with the second applicant acting as its representative. The relief sought for registration of title and compensation for financial losses was not substantiated, and the application was fatally defective for failing to cite the Registrar of Deeds as required by statute. The court concluded that...

Citation
[2012] ZAECGHC 104
Parties
Applicant: Old Time Ministries; Applicant: Piet Olivier; Respondent: South African Evangelistic Mission
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
29 November 2012
Case Number
1618/2006
Procedural Posture
Rescission Application / Final Judgment
Outcome
Application dismissed with costs.
Judges
GG Goosen
Legal Topics
Rescission of Judgment, Ownership Dispute, Registration of Title, Interdict, Costs Order
Civil Procedure Land and Property Rescission of Judgment Ownership Dispute Registration of Title Interdict Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Old Time Ministries

Applicant

Piet Olivier

Applicant

South African Evangelistic Mission

Respondent

Procedural Posture

Rescission Application / Final Judgment

Legal Issues

  1. 1 Whether the applicants have established grounds for rescission of the judgment granted on 8 June 2006.
  2. 2 Whether the applicants are entitled to registration and transfer of the property into the second applicant's name.
  3. 3 Whether the applicants are entitled to compensation for alleged financial losses relating to the property.

Ratio Decidendi

The court found that the applicants failed to establish any basis for rescission of the judgment granted on 8 June 2006. There was no evidence that the judgment was erroneously sought or granted, nor that the applicants were unaware of the proceedings. The applicants' claim to ownership was unsupported by the documentary evidence, which showed that the properties were purchased by the respondent, with the second applicant acting as its representative. The relief sought for registration of title and compensation for financial losses was not substantiated, and the application was fatally defective for failing to cite the Registrar of Deeds as required by statute. The court concluded that...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.